negotiable instruments law - memory aid
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NEGOTIABLE INSTRUMENTS LAWMemory AidBased on the Outline of the 1994 Edition of Campos & CamposDEFINITIONSNEGOTIABLE INSTRUMENT Written contract for the payment of money, by its form intended as substitute for money and intended to pass from hand to hand to give the holder in due course the right to hold the same and collect the sum due
PROMISSORY NOTE unconditional promise in writing made by one person to another signed by the maker engaging to pay on demand, or at a fixed or determinable future time a sum certain in money to order or to bearer where a note is drawn to the makers own order, it is not complete until indorsed by him
BILL OF EXCHANGE unconditional order in writing addressed by one person to another signed by the person giving it requiring the person to whom its addressed to pay on demand or at a fixed or determinable future time a sum certain in money to order or to bearer check: bill of exchange drawn on a bank payable on demand. Kinds of checks:1. personal check2. managers/cashiers check drawn by a bank on itself. Issuance has the effect of acceptance3. memorandum check memo is written across its face, signifying that drawer will pay holder absolutely without need of presentment4. crossed check effects:1. check may not be encashed but only deposited in bank2. may be negotiated only once, to one who has an acct. with a bank3. warning to holder that check has been issued for a definite purpose so that he must inquire if he received check pursuant to such purpose, otherwise not HDC kinds:1. general (no word between lines, or co between lines)2. special (name of bank appearing between parallel lines)
BEARERPerson in possession of a bill/note payable to bearer
HOLDERPayee or indorsee of a bill or note who is in possession of it, or the bearer thereof.
THE LIFE OF A NEGOTIABLE INSTRUMENT:1. issue2. negotiation3. presentment for acceptance in certain bills4. acceptance5. dishonor by on acceptance6. presentment for payment7. dishonor by nonpayment8. notice of dishonor9. protest in certain cases10. discharge